State Codes and Statutes

Statutes > New-york > Agm > Article-7 > 119

* § 119. Violations.  1.  It  shall  be  a  violation,  punishable  as  provided in subdivision two of this section, for:    (a) any owner to fail to license any dog;    (b) any owner to fail to have any dog identified as required  by  this  article;    (c)  any  person  to  knowingly affix to any dog any false or improper  identification tag, special identification tag  for  identifying  guide,  service or hearing dogs or purebred license tag;    (f)  any owner or custodian of any dog to fail to confine, restrain or  present such dog for any lawful purpose pursuant to this article;    (g) any person to furnish any false or misleading information  on  any  form  required  to  be  filed  with any municipality or the commissioner  pursuant to the provisions of this  article  or  rules  and  regulations  promulgated pursuant thereto;    (h)  the  owner  or  custodian  of  any  dog  to  fail to exercise due  diligence in handling his or her dog if the handling results in harm  to  another dog that is a guide, hearing or service dog.    2. It shall be the duty of the dog control officer of any municipality  to  bring  an  action  against  any person who has committed within such  municipality any violation set forth in subdivision one of this section.  Any municipality  may  elect  either  to  prosecute  such  action  as  a  violation  under  the  penal  law  or to commence an action to recover a  civil penalty.    A violation of this section shall be punishable, subject  to  such  an  election, either:    (a)  where prosecuted pursuant to the penal law, by a fine of not more  than twenty-five dollars, except that (i) where the person was found  to  have  violated  this  section  or  former  article seven of this chapter  within the preceding five years, the fine may be  not  more  than  fifty  dollars,  and  (ii)  where the person was found to have committed two or  more such violations within  the  preceding  five  years,  it  shall  be  punishable   by  a  fine  of  not  more  than  one  hundred  dollars  or  imprisonment for not more than fifteen days, or both; or    (b) where prosecuted as an action to recover a  civil  penalty,  by  a  civil penalty of not more than twenty-five dollars, except that (i) when  the  person  was  found  to have violated this section or former article  seven of this chapter within the preceding five years, the civil penalty  may be not more than fifty dollars, and (ii) where the person was  found  to  have committed two or more such violations within the preceding five  years, the civil penalty may be not more than one hundred dollars.    3. A defendant charged with a  violation  of  any  provision  of  this  article  or  any local law or ordinance promulgated pursuant thereto may  himself plead guilty to the charge in open court. He may also submit  to  the magistrate having jurisdiction, in person, by duly authorized agent,  or  by  registered  mail,  a statement (a) that he waives arraignment in  open court and the aid of counsel, (b) that  he  pleads  guilty  to  the  offense  charged,  (c)  that  he  elects and requests that the charge be  disposed of and the fine or penalty fixed  by  the  court,  (d)  of  any  explanation  that he desires to make concerning the offense charged, and  (e) that he makes all statements under penalty of perjury. Thereupon the  magistrate may proceed as though the defendant had been convicted upon a  plea of guilty in open court, provided however, that any  imposition  of  fine  or  penalty hereunder shall be deemed tentative until such fine or  penalty shall have been paid and discharged in full. If upon receipt  of  the  aforesaid  statement  the  magistrate shall deny the same, he shall  thereupon notify the defendant of this fact, and that he is required  to  appear  before  the said magistrate at a stated time and place to answerthe charge which  shall  thereafter  be  disposed  of  pursuant  to  the  applicable provisions of law.    4. Any person who shall violate any other provision of this article or  rules  and  regulations promulgated pursuant thereto shall be subject to  the penalty  provisions  of  sections  thirty-nine  and  forty  of  this  chapter,  but  not  section  forty-one  of this chapter. Such violations  shall include, but not be limited to, the following:    (a) failure of any owner of record to notify the commissioner  of  any  change  of  ownership  or  address  as  required  by section one hundred  thirteen of this article;    (b) failure of any person to perform any other duty or carry  out  any  other  requirement imposed pursuant to the provisions of this article or  the rules and regulations promulgated pursuant thereto.  Each  day  that  failure continues shall constitute a separate violation.    5.  For the purpose of participating in the "animal population control  program" established under  section  one  hundred  seventeen-a  of  this  article,  it  shall be a violation punishable as provided in subdivision  six of this section, for:    (a) any person to falsify proof of adoption  from  a  pound,  shelter,  duly  incorporated  society  for  the  prevention of cruelty to animals,  humane society or dog or cat protective association or to falsify  proof  of  participation  in any of the programs enumerated in paragraph (b) of  subdivision two of section one hundred seventeen-a of this article;    (b) any person to furnish any licensed veterinarian of this state with  inaccurate information concerning his or her residency or the  ownership  of  an  animal  or  such  person's  authority  to submit an animal for a  spaying  or  neutering  procedure  pursuant  to  section   one   hundred  seventeen-a  of  this  article or to knowingly furnish the department or  any licensed veterinarian of  this  state  with  inaccurate  information  concerning his or her participation in any of the programs enumerated in  paragraph  (b)  of subdivision two of section one hundred seventeen-a of  this article;    (c) any licensed veterinarian to furnish the commissioner  with  false  information concerning an animal sterilization fee schedule or an animal  sterilization  certificate  submitted  pursuant  to  subdivision four of  section one hundred seventeen-a of this article.    6.  Any  person  or  veterinarian  who  violates  the  provisions   of  subdivision  five  of this section or any rule or regulation promulgated  by the commissioner to carry out the provisions of section  one  hundred  seventeen-a  of this article shall be subject to a fine of not more than  two hundred fifty dollars where prosecuted pursuant to the penal law, or  where prosecuted as an action to recover a civil  penalty  of  not  more  than two hundred fifty dollars.    7.  Any  person  who  intentionally  refuses,  withholds,  or denies a  person, because they are accompanied by  an  on-duty  police  work  dog,  working  search, war, or detection dog as defined in section one hundred  eight of this article, any  accommodations,  facilities,  or  privileges  thereof shall be subject to a civil penalty of up to two hundred dollars  for  the  first  violation  and  up  to  four  hundred  dollars for each  subsequent violation.    * NB Effective until January 1, 2011    * § 119. Disposition of fines. Notwithstanding any other provision  of  law, all moneys collected as fines or penalties by any municipality as a  result  of  any  prosecution  for  violations  of the provisions of this  article or any local law  or  ordinance  and  all  bail  forfeitures  by  persons  charged  with  such  violations  shall  be  the property of the  municipality and  shall  be  paid  to  the  financial  officer  of  such  municipality.  Such  moneys  shall be used only for controlling dogs andenforcing this article  and  any  rule,  regulation,  or  local  law  or  ordinance adopted pursuant thereto, including subsidizing the spaying or  neutering  of  dogs  and  any  facility  as authorized under section one  hundred  sixteen  of  this article used therefor, and subsidizing public  humane education programs in responsible dog ownership.    * NB Effective January 1, 2011

State Codes and Statutes

Statutes > New-york > Agm > Article-7 > 119

* § 119. Violations.  1.  It  shall  be  a  violation,  punishable  as  provided in subdivision two of this section, for:    (a) any owner to fail to license any dog;    (b) any owner to fail to have any dog identified as required  by  this  article;    (c)  any  person  to  knowingly affix to any dog any false or improper  identification tag, special identification tag  for  identifying  guide,  service or hearing dogs or purebred license tag;    (f)  any owner or custodian of any dog to fail to confine, restrain or  present such dog for any lawful purpose pursuant to this article;    (g) any person to furnish any false or misleading information  on  any  form  required  to  be  filed  with any municipality or the commissioner  pursuant to the provisions of this  article  or  rules  and  regulations  promulgated pursuant thereto;    (h)  the  owner  or  custodian  of  any  dog  to  fail to exercise due  diligence in handling his or her dog if the handling results in harm  to  another dog that is a guide, hearing or service dog.    2. It shall be the duty of the dog control officer of any municipality  to  bring  an  action  against  any person who has committed within such  municipality any violation set forth in subdivision one of this section.  Any municipality  may  elect  either  to  prosecute  such  action  as  a  violation  under  the  penal  law  or to commence an action to recover a  civil penalty.    A violation of this section shall be punishable, subject  to  such  an  election, either:    (a)  where prosecuted pursuant to the penal law, by a fine of not more  than twenty-five dollars, except that (i) where the person was found  to  have  violated  this  section  or  former  article seven of this chapter  within the preceding five years, the fine may be  not  more  than  fifty  dollars,  and  (ii)  where the person was found to have committed two or  more such violations within  the  preceding  five  years,  it  shall  be  punishable   by  a  fine  of  not  more  than  one  hundred  dollars  or  imprisonment for not more than fifteen days, or both; or    (b) where prosecuted as an action to recover a  civil  penalty,  by  a  civil penalty of not more than twenty-five dollars, except that (i) when  the  person  was  found  to have violated this section or former article  seven of this chapter within the preceding five years, the civil penalty  may be not more than fifty dollars, and (ii) where the person was  found  to  have committed two or more such violations within the preceding five  years, the civil penalty may be not more than one hundred dollars.    3. A defendant charged with a  violation  of  any  provision  of  this  article  or  any local law or ordinance promulgated pursuant thereto may  himself plead guilty to the charge in open court. He may also submit  to  the magistrate having jurisdiction, in person, by duly authorized agent,  or  by  registered  mail,  a statement (a) that he waives arraignment in  open court and the aid of counsel, (b) that  he  pleads  guilty  to  the  offense  charged,  (c)  that  he  elects and requests that the charge be  disposed of and the fine or penalty fixed  by  the  court,  (d)  of  any  explanation  that he desires to make concerning the offense charged, and  (e) that he makes all statements under penalty of perjury. Thereupon the  magistrate may proceed as though the defendant had been convicted upon a  plea of guilty in open court, provided however, that any  imposition  of  fine  or  penalty hereunder shall be deemed tentative until such fine or  penalty shall have been paid and discharged in full. If upon receipt  of  the  aforesaid  statement  the  magistrate shall deny the same, he shall  thereupon notify the defendant of this fact, and that he is required  to  appear  before  the said magistrate at a stated time and place to answerthe charge which  shall  thereafter  be  disposed  of  pursuant  to  the  applicable provisions of law.    4. Any person who shall violate any other provision of this article or  rules  and  regulations promulgated pursuant thereto shall be subject to  the penalty  provisions  of  sections  thirty-nine  and  forty  of  this  chapter,  but  not  section  forty-one  of this chapter. Such violations  shall include, but not be limited to, the following:    (a) failure of any owner of record to notify the commissioner  of  any  change  of  ownership  or  address  as  required  by section one hundred  thirteen of this article;    (b) failure of any person to perform any other duty or carry  out  any  other  requirement imposed pursuant to the provisions of this article or  the rules and regulations promulgated pursuant thereto.  Each  day  that  failure continues shall constitute a separate violation.    5.  For the purpose of participating in the "animal population control  program" established under  section  one  hundred  seventeen-a  of  this  article,  it  shall be a violation punishable as provided in subdivision  six of this section, for:    (a) any person to falsify proof of adoption  from  a  pound,  shelter,  duly  incorporated  society  for  the  prevention of cruelty to animals,  humane society or dog or cat protective association or to falsify  proof  of  participation  in any of the programs enumerated in paragraph (b) of  subdivision two of section one hundred seventeen-a of this article;    (b) any person to furnish any licensed veterinarian of this state with  inaccurate information concerning his or her residency or the  ownership  of  an  animal  or  such  person's  authority  to submit an animal for a  spaying  or  neutering  procedure  pursuant  to  section   one   hundred  seventeen-a  of  this  article or to knowingly furnish the department or  any licensed veterinarian of  this  state  with  inaccurate  information  concerning his or her participation in any of the programs enumerated in  paragraph  (b)  of subdivision two of section one hundred seventeen-a of  this article;    (c) any licensed veterinarian to furnish the commissioner  with  false  information concerning an animal sterilization fee schedule or an animal  sterilization  certificate  submitted  pursuant  to  subdivision four of  section one hundred seventeen-a of this article.    6.  Any  person  or  veterinarian  who  violates  the  provisions   of  subdivision  five  of this section or any rule or regulation promulgated  by the commissioner to carry out the provisions of section  one  hundred  seventeen-a  of this article shall be subject to a fine of not more than  two hundred fifty dollars where prosecuted pursuant to the penal law, or  where prosecuted as an action to recover a civil  penalty  of  not  more  than two hundred fifty dollars.    7.  Any  person  who  intentionally  refuses,  withholds,  or denies a  person, because they are accompanied by  an  on-duty  police  work  dog,  working  search, war, or detection dog as defined in section one hundred  eight of this article, any  accommodations,  facilities,  or  privileges  thereof shall be subject to a civil penalty of up to two hundred dollars  for  the  first  violation  and  up  to  four  hundred  dollars for each  subsequent violation.    * NB Effective until January 1, 2011    * § 119. Disposition of fines. Notwithstanding any other provision  of  law, all moneys collected as fines or penalties by any municipality as a  result  of  any  prosecution  for  violations  of the provisions of this  article or any local law  or  ordinance  and  all  bail  forfeitures  by  persons  charged  with  such  violations  shall  be  the property of the  municipality and  shall  be  paid  to  the  financial  officer  of  such  municipality.  Such  moneys  shall be used only for controlling dogs andenforcing this article  and  any  rule,  regulation,  or  local  law  or  ordinance adopted pursuant thereto, including subsidizing the spaying or  neutering  of  dogs  and  any  facility  as authorized under section one  hundred  sixteen  of  this article used therefor, and subsidizing public  humane education programs in responsible dog ownership.    * NB Effective January 1, 2011

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-7 > 119

* § 119. Violations.  1.  It  shall  be  a  violation,  punishable  as  provided in subdivision two of this section, for:    (a) any owner to fail to license any dog;    (b) any owner to fail to have any dog identified as required  by  this  article;    (c)  any  person  to  knowingly affix to any dog any false or improper  identification tag, special identification tag  for  identifying  guide,  service or hearing dogs or purebred license tag;    (f)  any owner or custodian of any dog to fail to confine, restrain or  present such dog for any lawful purpose pursuant to this article;    (g) any person to furnish any false or misleading information  on  any  form  required  to  be  filed  with any municipality or the commissioner  pursuant to the provisions of this  article  or  rules  and  regulations  promulgated pursuant thereto;    (h)  the  owner  or  custodian  of  any  dog  to  fail to exercise due  diligence in handling his or her dog if the handling results in harm  to  another dog that is a guide, hearing or service dog.    2. It shall be the duty of the dog control officer of any municipality  to  bring  an  action  against  any person who has committed within such  municipality any violation set forth in subdivision one of this section.  Any municipality  may  elect  either  to  prosecute  such  action  as  a  violation  under  the  penal  law  or to commence an action to recover a  civil penalty.    A violation of this section shall be punishable, subject  to  such  an  election, either:    (a)  where prosecuted pursuant to the penal law, by a fine of not more  than twenty-five dollars, except that (i) where the person was found  to  have  violated  this  section  or  former  article seven of this chapter  within the preceding five years, the fine may be  not  more  than  fifty  dollars,  and  (ii)  where the person was found to have committed two or  more such violations within  the  preceding  five  years,  it  shall  be  punishable   by  a  fine  of  not  more  than  one  hundred  dollars  or  imprisonment for not more than fifteen days, or both; or    (b) where prosecuted as an action to recover a  civil  penalty,  by  a  civil penalty of not more than twenty-five dollars, except that (i) when  the  person  was  found  to have violated this section or former article  seven of this chapter within the preceding five years, the civil penalty  may be not more than fifty dollars, and (ii) where the person was  found  to  have committed two or more such violations within the preceding five  years, the civil penalty may be not more than one hundred dollars.    3. A defendant charged with a  violation  of  any  provision  of  this  article  or  any local law or ordinance promulgated pursuant thereto may  himself plead guilty to the charge in open court. He may also submit  to  the magistrate having jurisdiction, in person, by duly authorized agent,  or  by  registered  mail,  a statement (a) that he waives arraignment in  open court and the aid of counsel, (b) that  he  pleads  guilty  to  the  offense  charged,  (c)  that  he  elects and requests that the charge be  disposed of and the fine or penalty fixed  by  the  court,  (d)  of  any  explanation  that he desires to make concerning the offense charged, and  (e) that he makes all statements under penalty of perjury. Thereupon the  magistrate may proceed as though the defendant had been convicted upon a  plea of guilty in open court, provided however, that any  imposition  of  fine  or  penalty hereunder shall be deemed tentative until such fine or  penalty shall have been paid and discharged in full. If upon receipt  of  the  aforesaid  statement  the  magistrate shall deny the same, he shall  thereupon notify the defendant of this fact, and that he is required  to  appear  before  the said magistrate at a stated time and place to answerthe charge which  shall  thereafter  be  disposed  of  pursuant  to  the  applicable provisions of law.    4. Any person who shall violate any other provision of this article or  rules  and  regulations promulgated pursuant thereto shall be subject to  the penalty  provisions  of  sections  thirty-nine  and  forty  of  this  chapter,  but  not  section  forty-one  of this chapter. Such violations  shall include, but not be limited to, the following:    (a) failure of any owner of record to notify the commissioner  of  any  change  of  ownership  or  address  as  required  by section one hundred  thirteen of this article;    (b) failure of any person to perform any other duty or carry  out  any  other  requirement imposed pursuant to the provisions of this article or  the rules and regulations promulgated pursuant thereto.  Each  day  that  failure continues shall constitute a separate violation.    5.  For the purpose of participating in the "animal population control  program" established under  section  one  hundred  seventeen-a  of  this  article,  it  shall be a violation punishable as provided in subdivision  six of this section, for:    (a) any person to falsify proof of adoption  from  a  pound,  shelter,  duly  incorporated  society  for  the  prevention of cruelty to animals,  humane society or dog or cat protective association or to falsify  proof  of  participation  in any of the programs enumerated in paragraph (b) of  subdivision two of section one hundred seventeen-a of this article;    (b) any person to furnish any licensed veterinarian of this state with  inaccurate information concerning his or her residency or the  ownership  of  an  animal  or  such  person's  authority  to submit an animal for a  spaying  or  neutering  procedure  pursuant  to  section   one   hundred  seventeen-a  of  this  article or to knowingly furnish the department or  any licensed veterinarian of  this  state  with  inaccurate  information  concerning his or her participation in any of the programs enumerated in  paragraph  (b)  of subdivision two of section one hundred seventeen-a of  this article;    (c) any licensed veterinarian to furnish the commissioner  with  false  information concerning an animal sterilization fee schedule or an animal  sterilization  certificate  submitted  pursuant  to  subdivision four of  section one hundred seventeen-a of this article.    6.  Any  person  or  veterinarian  who  violates  the  provisions   of  subdivision  five  of this section or any rule or regulation promulgated  by the commissioner to carry out the provisions of section  one  hundred  seventeen-a  of this article shall be subject to a fine of not more than  two hundred fifty dollars where prosecuted pursuant to the penal law, or  where prosecuted as an action to recover a civil  penalty  of  not  more  than two hundred fifty dollars.    7.  Any  person  who  intentionally  refuses,  withholds,  or denies a  person, because they are accompanied by  an  on-duty  police  work  dog,  working  search, war, or detection dog as defined in section one hundred  eight of this article, any  accommodations,  facilities,  or  privileges  thereof shall be subject to a civil penalty of up to two hundred dollars  for  the  first  violation  and  up  to  four  hundred  dollars for each  subsequent violation.    * NB Effective until January 1, 2011    * § 119. Disposition of fines. Notwithstanding any other provision  of  law, all moneys collected as fines or penalties by any municipality as a  result  of  any  prosecution  for  violations  of the provisions of this  article or any local law  or  ordinance  and  all  bail  forfeitures  by  persons  charged  with  such  violations  shall  be  the property of the  municipality and  shall  be  paid  to  the  financial  officer  of  such  municipality.  Such  moneys  shall be used only for controlling dogs andenforcing this article  and  any  rule,  regulation,  or  local  law  or  ordinance adopted pursuant thereto, including subsidizing the spaying or  neutering  of  dogs  and  any  facility  as authorized under section one  hundred  sixteen  of  this article used therefor, and subsidizing public  humane education programs in responsible dog ownership.    * NB Effective January 1, 2011